Terms of Service

Agreement to these terms

These terms apply to your use of the games, websites, and services published by Merchants of Play Inc. under the name Big Head Club ("we", "us", "our"). That includes bhc-arcade.fly.dev, bhc-rack.fly.dev, bhc-hundred-days.fly.dev, every game listed on those pages whatever address it is served from, and any version of a game running inside Telegram, Discord, or another host (together, the "Services").

By using the Services you accept these terms and our privacy policy. If you do not agree to them, do not use the Services.

If you use the Services for a company or other organisation, you confirm you may bind that organisation to these terms, and "you" means that organisation.

Changes to these terms and to the Services

We may change these terms. We will post the change on this page and update the date at the top.

We publish a new game most days and change or retire old ones without notice. A game may stop working, move address, or disappear. We do not promise that any game will keep running.

If you keep using the Services after a change takes effect, you accept the revised terms.

Playing the games

The Services are free. We may introduce fees for some part of the Services in future, on thirty days’ notice, and nothing you have already played would become paid without that notice.

Most games need no account. Some ask for a name, a room code, or an email address, and a few run inside Telegram and use the identifiers Telegram gives us. Where a game has an account, keep your credentials to yourself and tell us if you think someone else has them. You are responsible for what happens under your account.

We may suspend or remove access for anyone who breaks these terms, abuses other players, or attacks the Services.

What you may not do

Do not use the Services to break the law, to harass or abuse anyone, to post content that is unlawful, hateful, obscene, or infringing, or to send spam or unauthorised advertising.

Do not attack, overload, or probe the Services, scrape them at a volume that degrades them for other people, or work around any limit we set.

Do not copy, modify, reverse engineer, decompile, or redistribute the Services or any part of them without our written permission, except where the law says you may or where we have published the code under an open licence.

What you put in

You keep all rights in anything you type into a game: a name, a message, a drawing, a room code, a score.

You give us a non-exclusive, royalty-free, worldwide licence to store and display that content as needed to run the game you put it in, including showing it to other players in the same game, and to use it in our own marketing and community channels.

You confirm you have the right to whatever you submit, and that it does not infringe anyone else’s rights.

You may withdraw this licence by writing to us, after which we will stop using the content except where we must keep it to meet a legal obligation or where it survives in a public archive outside our control.

Our content

The games, the artwork, the cartridge images, the code we have not released openly, and the Big Head Club name belong to us or to our licensors.

Some of our code is published under open licences on GitHub. Where it is, that licence governs it and these terms do not narrow it.

Other platforms

Some games run on or link to services we do not control: Telegram, Discord, YouTube, and the hosts that serve our sites. Their terms and their data practices are their own. We are not responsible for them.

Accessibility

We want the games to be playable by as many people as possible, and we know we do not always get there. Write to officialstuff@merchantsofplay.com with "Accessibility" in the subject if something is unusable and we will look at it.

Copyright complaints

If you believe something on the Services infringes your rights, write to officialstuff@merchantsofplay.com with your contact details, a description of the work, where the infringing content is, a statement that you believe in good faith that the use is not authorised, and a statement that you may act for the rights holder.

No warranty, and the limit of what we owe you

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST SAVED PROGRESS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

These games are experiments and we do not back up your saved progress. Treat anything you build in one of them as temporary.

Nothing here limits liability that the law does not allow us to limit.

You cover claims that come from your use

You agree to defend and indemnify us against claims, damages, and costs, including reasonable legal fees, arising from what you submit, your breach of these terms, or your use of the Services.

Export and sanctions

You must follow the export laws that apply to you. The Services are not available in sanctioned countries or to people on restricted-party lists.

Governing law

These terms are governed by the laws of British Columbia, Canada. Disputes about these terms or the Services will be heard in the courts of Vancouver, British Columbia, Canada, and both sides submit to that jurisdiction.

Contact

Write to us at officialstuff@merchantsofplay.com.